Voluntary child surrender for adoption is the socio-legal process whereby a biological parent or legal guardian knowingly and willingly relinquishes parental authority over a child to enable the child's permanent placement with adoptive parents. This mechanism prioritizes the best interest of the child as the paramount consideration, consistent with the United Nations Convention on the Rights of the Child (to which the Philippines is a party) and domestic policy. It safeguards biological parents from hasty decisions while preventing unnecessary separation of the child from the family of origin when support services could enable retention. The process ensures informed, uncoerced consent and prohibits any form of monetary consideration or trafficking.

Legal Framework

The governing law is Republic Act No. 11642, the Domestic Administrative Adoption and Alternative Child Care Act, which repealed Republic Act No. 8552 (Domestic Adoption Act of 1998) and Republic Act No. 9523. Its Implementing Rules and Regulations (IRR) detail the procedures. Complementary provisions come from the Family Code of the Philippines on parental authority (Articles 209–233) and related issuances of the National Authority for Child Care (NACC), which now exercises primary jurisdiction over alternative child care and adoption matters previously handled by the Department of Social Welfare and Development (DSWD) during the transition period.

Key principles include the best interest of the child, prevention of hurried relinquishment through mandatory counseling and support services, confidentiality of records, and prohibition of independent or direct placements outside authorized channels.

Definition and Nature of Voluntary Commitment

A voluntarily committed child is one whose parent(s) or legal guardian knowingly and willingly relinquishes parental authority to the NACC or a duly accredited child-caring agency (CCA) or child-placing agency (CPA). The instrument effecting this is the Deed of Voluntary Commitment (DVC), a notarized document signed after comprehensive counseling. The DVC commits the child to the care and custody of the NACC or accredited agency for purposes of alternative care, including adoption, and declares the intent to make the child legally available for adoption.

The DVC must explicitly state that the surrender is free, voluntary, and made with full understanding of its consequences, including the general severance of parental rights and the possibility of future contact initiated by the adoptee (subject to rules on openness in adoption).

Who May Voluntarily Surrender a Child

Biological parents: For a legitimate child (born within a valid marriage), both parents must execute the DVC. For an illegitimate (non-marital) child, the consent of the mother is sufficient unless the father has legally acknowledged the child, in which case his consent may also be required.
Legal guardian: In the absence, death, or mental incapacity of the biological parents, the legal guardian may execute the DVC.
The surrendering party must demonstrate legal capacity. Minors who are parents may participate with appropriate safeguards, including possible involvement of their own parents or guardians exercising substitute parental authority under the Family Code, and heightened counseling.

The child must be under 18 years of age. Children 10 years old and above must provide written consent to their own adoption (though not necessarily to the initial surrender), and their views must be considered throughout the process in accordance with their age and maturity.

Conditions for a Valid Voluntary Surrender

The surrender must be:

Voluntary and free from coercion, duress, fraud, intimidation, or undue influence.
Informed through mandatory counseling on alternatives (e.g., livelihood assistance, parenting education, financial support) and the permanent implications of relinquishment.
Without any monetary or material consideration (prohibited and punishable as child trafficking or exploitation).
Executed only after reasonable efforts to strengthen the biological family have been offered and documented.

The process emphasizes that adoption is a last resort when family preservation is not feasible in the child's best interest.

Documentary Requirements

For surrendered (voluntarily committed) cases, the following are typically required to support the petition for a Certificate Declaring the Child Legally Available for Adoption (CDCLAA):

Letter of recommendation addressed to the Regional Alternative Child Care Office (RACCO) Officer.
Updated Social Case Study Report prepared by a licensed social worker, detailing the circumstances, services provided to the biological parents, and assessment that relinquishment serves the child's best interest.
Notarized Deed of Voluntary Commitment (DVC), signed in the presence of an authorized NACC or agency representative.
Valid Certificate of Authority for a Notarial Act (CANA) for the DVC.
PSA-authenticated Birth Certificate of the child (or Certified True Copy).
Recent whole-body photograph of the child and photograph upon relinquishment/admission.
Notarized Petition for CDCLAA with endorsement letter from the petitioner (usually the agency head) to the RACCO.
Endorsement letter from the RACCO to the NACC.

Additional or supporting documents may include:

Valid identification of the biological parent(s) used in signing the DVC.
Birth Certificate of the biological mother (if grandparents signed).
Marriage Certificate or Certificate of No Marriage, as applicable.
Death Certificate of a parent, if relevant.
Psychological or psychiatric evaluation of the biological parent(s), if mental health issues are a factor.
Affidavit of Discrepancy or Affidavit of Two Disinterested Persons to resolve inconsistencies in records.
Certificate of Posting of the petition.

The NACC may require further documents as necessary to establish facts or serve the child's best interest. All documents must be authentic and properly authenticated where required.

Step-by-Step Procedure

Initial Contact and Intake: The biological parent(s) approach the NACC, a RACCO, a licensed CCA, or CPA. An initial assessment occurs to understand the family situation.
Provision of Support Services and Counseling: Comprehensive pre-surrender counseling (and post-relinquishment support) is mandatory. Sessions explore family preservation options and fully inform the parent(s) of the legal effects, the 3-month reconsideration period, and the general rule of no further contact after adoption. Services such as livelihood assistance or parenting programs are offered. No binding commitment can be made before the child's birth.
Decision to Proceed and Execution of DVC: If the parent(s) maintain their decision after counseling, the DVC is prepared and executed before an authorized representative. It is notarized.
Placement of the Child: The child is placed under the temporary care of the agency or NACC while the legal process continues. A Social Case Study Report is prepared.
Filing of Petition for CDCLAA: The agency or authorized custodian files the petition with the RACCO where the child was committed or the agency is located. The petition includes the DVC and supporting documents. Notice of the petition is posted for five days in conspicuous places, including online platforms.
Review and Issuance of CDCLAA: The RACCO reviews the petition and recommends to the NACC Executive Director. The CDCLAA is issued within three months from the filing of the DVC, provided the petition is meritorious. If opposed, additional assessments (e.g., parenting capability) may be required.
Matching and Adoption: Upon issuance of the CDCLAA, the child is legally available for adoption. The NACC or accredited agency matches the child with qualified Prospective Adoptive Parents (PAPs) through a home study and child study process. Adoption may proceed administratively under RA 11642 or judicially as appropriate. For inter-country adoption, the process involves the Inter-Country Adoption Board (ICAB) after the child is declared legally available.

Legal Effects of the Surrender and CDCLAA

Execution of the DVC and issuance of the CDCLAA terminate the parental authority of the biological parent(s) or guardian over the child for adoption purposes. The child gains the status of being legally available for adoption. Upon finalization of adoption, the adoptee becomes a legitimate child of the adoptive parent(s), with full reciprocal rights and obligations, including succession. Biological ties are generally severed, except in cases such as adoption by the spouse of a biological parent.

Records remain confidential, accessible only by court or NACC order when necessary for the child's best interest.

Revocation and Restoration of Parental Authority

Biological parents have a three-month reconsideration period from the signing of the DVC to petition the NACC for recovery of legal custody and restoration of parental authority. The petition must show that the parent(s) are now in a position to adequately provide for the child's needs. If granted, the CDCLAA is canceled, and the child may be returned.

After the three-month period and issuance of the CDCLAA, parental rights cease. Restoration thereafter is generally not available except on limited grounds such as fraud, vitiated consent, or through rescission of adoption proceedings (if applicable) where the best interest of the child so requires. This framework balances the parent's right to reconsider with the child's need for stability and permanence.

Special Considerations

Inter-Country Adoption: The child must first be declared legally available via CDCLAA. Prospective foreign adoptive parents apply through ICAB, complying with the Hague Convention on Intercountry Adoption (to which the Philippines is a party) and additional safeguards against trafficking.
Relative or Intra-Family Adoption: Consent requirements may be streamlined, but the DVC and CDCLAA process still applies to establish legal availability unless otherwise provided.
Older Children and Siblings: Children 10 years and above must consent to adoption. Siblings should be placed together whenever possible.
Children with Special Needs: Matching prioritizes families equipped to meet medical, emotional, or developmental requirements.
Prohibited Practices: Direct surrender to private individuals outside authorized agencies is contrary to policy and may be deemed not in the child's best interest. Coercion, payment, or false declarations are punishable under child protection and anti-trafficking laws.

Role of Institutions

The NACC, through its RACCOs, oversees certification, matching, and administrative adoption. Licensed CCAs and CPAs provide care, counseling, and placement services. All actions remain subject to the best interest standard, with mechanisms for appeal (e.g., motion for reconsideration to the NACC Council, then to the Court of Appeals).

This legal regime ensures that voluntary child surrender serves as a protective, child-centered mechanism for providing permanent families while respecting the rights and dignity of all parties involved.